Senator Schumer Attacks Rule of Law

by Ed Whelan

Senate Democratic leader Chuck Schumer’s press conference today (ongoing as I write this) with supposed victims of Judge Gorsuch’s principled judicial decisionmaking is a stupid stunt that highlights that so many on the Left have a completely results-oriented approach to judging.

Liberal Harvard law professor Noah Feldman soundly denounces this whole line of attack as a “truly terrible idea” that contradicts the “whole point of a rule-of-law system.” As Feldman explains, the rule of law means that judges are “to decide cases under the law, not based on preferences for individuals.”

Schumer himself used to understand this (or at least to pretend to). Indeed, his opening statement at Justice Sonia Sotomayor’s confirmation hearing (see pages 24-25 of transcript) is replete with praise for her “hew[ing] carefully to the text of statutes, even when doing so results in rulings that go against sympathetic litigants”:

[S]he has ruled for the government in 83 percent of immigration cases against the immigration plaintiff, she has ruled for the government in 92 percent of criminal cases, she has denied race claims in 83 percent of cases and has split evenly on employment cases between employer and employee.…

In a case involving a New York police officer who made white supremacist remarks, she upheld his right to make them.

In a case brought by plaintiffs who claimed they had been bumped from a plane because of race, she dismissed their case because the law required it.

So why is Schumer abandoning the rule of law in attacking the Gorsuch nomination?

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